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2010 Hr Tools

May 16, 2013

2010 HR Tools

FREE TO OMA MEMBERS

Standard Employment Forms For 2010

As an OMA member, you’re entitled to receive these standard up-to-date reproducible forms to assist your human resource department, managers and supervisors. These forms comply with federal and Ohio laws and have been reviewed by counsel for compliance as recently as December 2009. Best of all, they are free of charge to you as an OMA member. 

Please note that it may take a few moments for the forms to download. After printing, return to previous screen to print next document.

The reproducible forms in this packet include:

    1. Application for Employment*
    2. Health Questionnaire/Physical Condition*
    3. Absentee Calendar/Bi-monthly Absence Review
    4. Vacation Schedule
      –The Vacation Schedule is a legal size form. Please note that you may need to select ‘legal size’ paper from your print properties function, and be sure to load legal size paper in your printer.
    5. State and Federal Posting Requirements*

These legally approved standard employment forms are provided for you to reproduce to meet your company’s needs. You may duplicate them – as many or as few as you need – in-house or take them to your printer. Because these forms have been prepared to comply with both federal and Ohio laws, any changes or alterations you make to them may cause them to no longer comply.

*Please see the special instructions below about the use of the Application for Employment and the Health Questionnaire in connection with federal laws.


Special Instructions About The Use Of The Application For Employment In Connection With The Fair Credit Reporting Act.

The Application for Employment states that the applicant authorizes the employer to conduct certain investigations.

The Fair Credit Reporting Act (FCRA) requires that employers follow very specific procedures before they can obtain “consumer reports.” The definition of a “consumer report” is expansive. For example, if an employer conducts a criminal background check on an applicant and the check is done by a third party for a fee, the report received by the employer is a “consumer report.” In fact, a good rule of thumb is that any background check conducted by a third party (i.e. someone other than the employer) may be a “consumer report.” Additionally, if an employer possesses consumer information, The Fair Accurate Credit Transaction Act (FACTA) governs how that information is disposed (“The Disposal Rule”). The Disposal Rule applies not only to paper records but also to consumer information found in electronic form. The Disposal Rule requires entities disposing of such information to take reasonable, specific measures to protect against unauthorized access to or use of the information in connection with disposal. Thus, employers using the Application who want to obtain “consumer reports” (i.e. criminal background checks, drug tests, medical exams, etc.), will need to comply with the FCRA and FACTA. Employers may wish to seek legal assistance before attempting to obtain such a report.


Special Instructions About The Use Of The Health Questionnaire In Connection With The Americans With Disabilities Act (ADA)

Part One


The OMA Health Questionnaire may be used only after making an offer of employment to a candidate conditioned on the results of the health questionaire/exam, and before the applicant starts work. It is during this period of the employment process when an employer has the most flexibility to make inquiries about disabilities, illness, disease, and medication as they relate to the employee’s ability to do the job in question. The employer may make a job offer to such an individual, conditioned on the satisfactory outcome of a medical examination or inquiry, providing that the employer requires such examination or inquiry for all employees in a particular job category, not merely individuals with known disabilities, or those whom the employer believes may have a disability. Further, member companies are reminded that they must not withdraw the conditional offer of employment based on the medical examination or inquiry results unless the company can establish that the reason for the withdrawal is:

    1. because the individual is unable to perform the essential functions of the position with or without reasonable
      accommodation; or
    2. because the person would pose a substantial risk to the safety of himself/herself or others and no reasonable accommodation is available.


Part Two


The second part of the questionnaire is to be completed by the reviewing doctor. Please note that a doctor who conducts medical examinations for an employer should not be responsible for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for an otherwise qualified person with a disability. That responsibility lies with the employer. Accordingly, OMA member companies should provide doctors who conduct such examinations with specific information about the particular job for which the individual is being considered. The employer should inform the doctor that any recommendations or conclusions related to hiring or placement of an
individual should focus on only two concerns:

    1. whether this person currently is able to perform his/her specific job; and
    2. whether this person can perform this job without posing any “direct threat” to the health and safety of himself/herself or others.

The space provided for the physician’s conclusions should be utilized for this information. Once the employer is presented with conclusions that the person is currently unable to perform the essential functions of the job or poses a “direct threat,” the employer must then decide whether or not it is possible to make a reasonable accommodation for the person.

NOTE: Medical information on employees is confidential and must be kept in a separate file away from the employee’s personnel file and treated as a confidential document.

Standard Employment Forms for 2010

December 31, 2009

Standard Employment Forms for 2010

Homepage » Communities » Human Resources Management » Archive » 2009 » Standard Employment Forms for 2010

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FREE TO OMA MEMBERS

Standard Employment Forms For 2010

As an OMA member, you’re entitled to receive these standard up-to-date reproducible forms to assist your human resource department, managers and supervisors. These forms comply with federal and Ohio laws and have been reviewed by counsel for compliance as recently as December 2009. Best of all, they are free of charge to you as an OMA member. 

Please note that it may take a few moments for the forms to download. After printing, return to previous screen to print next document.

The reproducible forms in this packet include:

    1. Application for Employment*
    2. Health Questionnaire/Physical Condition*
    3. Absentee Calendar/Bi-monthly Absence Review
    4. Vacation Schedule
      –The Vacation Schedule is a legal size form. Please note that you may need to select ‘legal size’ paper from your print properties function, and be sure to load legal size paper in your printer.
    5. State and Federal Posting Requirements*

These legally approved standard employment forms are provided for you to reproduce to meet your company’s needs. You may duplicate them – as many or as few as you need – in-house or take them to your printer. Because these forms have been prepared to comply with both federal and Ohio laws, any changes or alterations you make to them may cause them to no longer comply.

*Please see the special instructions below about the use of the Application for Employment and the Health Questionnaire in connection with federal laws.


Special Instructions About The Use Of The Application For Employment In Connection With The Fair Credit Reporting Act.

The Application for Employment states that the applicant authorizes the employer to conduct certain investigations.

The Fair Credit Reporting Act (FCRA) requires that employers follow very specific procedures before they can obtain “consumer reports.” The definition of a “consumer report” is expansive. For example, if an employer conducts a criminal background check on an applicant and the check is done by a third party for a fee, the report received by the employer is a “consumer report.” In fact, a good rule of thumb is that any background check conducted by a third party (i.e. someone other than the employer) may be a “consumer report.” Additionally, if an employer possesses consumer information, The Fair Accurate Credit Transaction Act (FACTA) governs how that information is disposed (“The Disposal Rule”). The Disposal Rule applies not only to paper records but also to consumer information found in electronic form. The Disposal Rule requires entities disposing of such information to take reasonable, specific measures to protect against unauthorized access to or use of the information in connection with disposal. Thus, employers using the Application who want to obtain “consumer reports” (i.e. criminal background checks, drug tests, medical exams, etc.), will need to comply with the FCRA and FACTA. Employers may wish to seek legal assistance before attempting to obtain such a report.


Special Instructions About The Use Of The Health Questionnaire In Connection With The Americans With Disabilities Act (ADA)

Part One


The OMA Health Questionnaire may be used only after making an offer of employment to a candidate conditioned on the results of the health questionaire/exam, and before the applicant starts work. It is during this period of the employment process when an employer has the most flexibility to make inquiries about disabilities, illness, disease, and medication as they relate to the employee’s ability to do the job in question. The employer may make a job offer to such an individual, conditioned on the satisfactory outcome of a medical examination or inquiry, providing that the employer requires such examination or inquiry for all employees in a particular job category, not merely individuals with known disabilities, or those whom the employer believes may have a disability. Further, member companies are reminded that they must not withdraw the conditional offer of employment based on the medical examination or inquiry results unless the company can establish that the reason for the withdrawal is:

    1. because the individual is unable to perform the essential functions of the position with or without reasonable
      accommodation; or
    2. because the person would pose a substantial risk to the safety of himself/herself or others and no reasonable accommodation is available.


Part Two


The second part of the questionnaire is to be completed by the reviewing doctor. Please note that a doctor who conducts medical examinations for an employer should not be responsible for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for an otherwise qualified person with a disability. That responsibility lies with the employer. Accordingly, OMA member companies should provide doctors who conduct such examinations with specific information about the particular job for which the individual is being considered. The employer should inform the doctor that any recommendations or conclusions related to hiring or placement of an
individual should focus on only two concerns:

    1. whether this person currently is able to perform his/her specific job; and
    2. whether this person can perform this job without posing any “direct threat” to the health and safety of himself/herself or others.

The space provided for the physician’s conclusions should be utilized for this information. Once the employer is presented with conclusions that the person is currently unable to perform the essential functions of the job or poses a “direct threat,” the employer must then decide whether or not it is possible to make a reasonable accommodation for the person.

NOTE: Medical information on employees is confidential and must be kept in a separate file away from the employee’s personnel file and treated as a confidential document.

More Cost with More Mandates

December 10, 2009

More Cost with More Mandates

Homepage » Communities » Human Resources Management » Archive » 2009 » More Cost with More Mandates

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The Ohio House of Representatives passed two mandates this week that will raise employer health care premiums.  HB 81, mandating “gold plated” diabetes coverage (including dietician services), and HB 8, mandating expansive autism services coverage, sailed through the House, mainly along party lines.  Individual member votes can be found here

The OMA communicated via letters, testimony, and Key Vote notices that health care mandates raise costs and jeopardize employers’ ability to offer health care coverage to their employees. 

Once again, a legislative majority ignored practical reason and voted to erode competitiveness and ultimately harm the interests of all workers and their families.

Unionizing Activity for 2009: Elections Down, Union Wins Up

December 4, 2009

Unionizing Activity for 2009: Elections Down, Union Wins Up

Homepage » Communities » Human Resources Management » Archive » 2009 » Unionizing Activity for 2009: Elections Down, Union Wins Up

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A release from OMA Connections Partner, Bricker & Eckler LLP, reported that 2009 union organizing statistics as compared to 2008 reveal that fewer elections were held but those that were proved more successful for unions.

“It’s a good time to remind employers that the Employee Free Choice Act remains a threat.  The unions have indicated that after the current Congressional debate on health care reform, they will make a real push on labor issues with ‘card check’ likely to be at the top of the list,” said OMA’s Ryan Augsburger.

NAM Opposes Senate Health Care Bill as Too Burdensome for Manufacturers

November 20, 2009

NAM Opposes Senate Health Care Bill as Too Burdensome for Manufacturers

Homepage » Communities » Human Resources Management » Archive » 2009 » NAM Opposes Senate Health Care Bill as Too Burdensome for Manufacturers

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In a press release issued yesterday, the National Association of Manufacturers (NAM) president, John Engler, responded to the release of Senate Majority Leader Reid’s (D-NV) Patient Protection and Affordable Care Act.  Engler said, “Manufacturers entered into the health care debate supportive of the need for health care reform that lowers costs, but that is not the direction Congress is going.”

The Senate is expected to take action on the bill tomorrow, Saturday.  The NAM pledges to continue to work with Congress on behalf of manufacturers and your contact with Senator Sherrod Brown’s office is encouraged. 

Tips for Workplace Management of Flu

November 19, 2009

Tips for Workplace Management of Flu

Homepage » Communities » Human Resources Management » Archive » 2009 » Tips for Workplace Management of Flu

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The Occupational Health and Safety Administration (OSHA) has developed a new website http://www.osha.gov/h1n1 that contains several fact sheets on how to reduce the risk of exposure to the 2009 H1N1 virus, including steps that manufacturers can take to prevent further spread of this virus.
 
Additionally, http://www.flu.gov/ from the Department of Health and Human Services provides general recommendations to address the public health concerns posed by the H1N1 outbreak.
In a webinar learning event presented by OMA Connections Partner, Jackson Lewis, OMA members learned:
• Employers can require employees to go home if employees are displaying these specific flu-like symptoms: fever or chills AND a cough or sore throat;
• Employers may not disclose to coworkers that an employee has the flu;
• Employers cannot compel employees to get a flu shot;
• Employers cannot take employees’ temperatures;
• Employees may not refuse to work based on fear of being exposed to flu.
 For your questions, contact Nicole Monachino of Jackson Lewis. 

Family and Medical Leave Act’s Military Leave Expanded

November 13, 2009

Family and Medical Leave Act’s Military Leave Expanded

Homepage » Communities » Human Resources Management » Archive » 2009 » Family and Medical Leave Act’s Military Leave Expanded

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The National Defense Authorization Act of 2010, recently signed by President Obama, expanded the Family and Medical Leave Act’s military leave provisions for both covered leave and qualifying exigency leave.

Click here for more from OMA Connections Partner, Bricker & Eckler LLP. 

Health Care Reform Top of Agenda this Week in Washington

November 5, 2009

Health Care Reform Top of Agenda this Week in Washington

Homepage » Communities » Human Resources Management » Archive » 2009 » Health Care Reform Top of Agenda this Week in Washington

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Democrats in Congress continue to push for costly health care reform.  The National Association of Manufacturers has put out this alert urging manufacturers to contact members of the Senate to oppose the Senate bill.  The NAM states that the public option in the Senate bill will under-pay providers and shift costs onto private plans.

In the House of Representatives, the Affordable Health Care for America Act (H.R. 3962) will impose a new surtax on small and medium sized manufacturers.  This new $460 billion tax increase will make it even more difficult to operate a business in the current economy and will cost jobs.  NAM asks for House member contacts in this alert.

Separately, OMA Connections Partner Plante & Moran has put together this tax alert detailing how the House proposal will raise revenue to pay for its programs. 

Emergency Influenza Containment Act Introduced in Congress

November 5, 2009

Emergency Influenza Containment Act Introduced in Congress

Homepage » Communities » Human Resources Management » Archive » 2009 » Emergency Influenza Containment Act Introduced in Congress

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On Tuesday, House Education and Labor Chairman Rep. George Miller (D-CA) introduced new legislation to mandate paid leave – H.R. 3991 `Emergency Influenza Containment Act’. This has been quickly drafted as emergency legislation in response to the current H1N1 influenza outbreak. To be clear, this proposal is separate from the previously introduced Healthy Families Act (S. 1152/H.R. 2460).

Given the nature of the bill substance, it is expected to see quick consideration.  We’ll keep you updated should the bill become law.  Meanwhile, OMA will present a one-hour webinar learning event on Thursday, November 19 on the current status of state and federal health care legislation, including the latest employment considerations due to H1N1 virus. 

Something Spooky – House Brings Health Care Mandate Tally to 8

October 30, 2009

Something Spooky – House Brings Health Care Mandate Tally to 8

Homepage » Communities » Human Resources Management » Archive » 2009 » Something Spooky – House Brings Health Care Mandate Tally to 8

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Two new mandate proposals were introduced recently in the Ohio House of Representatives, bringing the total number this session to eight.  Representatives Garland (D-20, Gahanna) and Driehaus (D-31, Cincinnati) introduced HB 310, mandating that insurance plans cover prostheses, while Representative Dan Stewart (D-25, Columbus) introduced HB 332 mandating coverage of prescription contraceptive drugs.

As the OMA points out in its letters to the sponsors (here, and here), mandates restrict flexibility and drive up the cost of health care.  Contact the sponsors to let them know how health care mandates jeopardize your ability to provide insurance to employees.